United States v. Pitman

Statement by Mr. Justice BROWN:

This was a petition for per diem fees as clerk of the circuit and district courts of the United States for the district of Rhode Island. Petitioner claimed for 108 days' attendance, under Rev. St. §§ 672, 583, and averred that, notwithstanding the rendition of the services claimed, and the approval of his account by the court, and notwithstanding that the marshal, the crier, and one of the bailiffs had received pay for attendance upon a portion of the days enumerated in his petition, to which fact the attention of the first comptroller was called, the accounting officer of the treasury declined to allow the same. With respect to certain of the days the court found that they 'were days on which sessions of the said circuit court were appointed to be holden by the presiding judge thereof, and that the said Pitman attended on said days at the time and place of holding said court, accordingly, and that no judge was present to preside at said court on said days, and that said court on said days was adjourned by and pursuant to a written order signed by one of the judges of said court, and directed alternatively to the marshal, and, in his absence, to the clerk, to a day and time fixed and limited in said order;' and that certain other days 'were days on which sessions, terms, and sittings of the said district court were appointed to be holden by the presiding judge thereof;' and that otherwise the facts were the same as in the former case. Upon this state of facts the court entered a judgment lthen appear, and thereafter shall hold by successive (45 Fed. Rep. 159,) and the United States appealed.

Sol. Gen. Aldrich, for appellant.

Henry Pitman, in pro. per.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.